Resolution Number 07-04-17-03RESOLUTION NO. 07-04-17-03
. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING MODIFICATIONS TO SOME
CONDITIONS OF APPROVAL OF TENTATIVE TRACT 16146, A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN
JUAN CAPISTRANO AND THE SCALZO FAMILY TRUST, AND A ONE
YEAR EXTENSION OF TENTATIVE TRACT 16146.
Whereas, on December 20, 2005, the City Council of the City of San Juan
Capistrano conditionally approved an application by the Scalzo Family Trust for the
approval of Tentative Tract 16146 to create 31 single family lots on a 16.14 acre parcel
of property located at 32281 Del Obispo Street. The subject property is General Plan -
designated "LD" (Low Density Residential 1.0-2.0 du/ac) and classified as "HR" (Hillside
Residential) on the Official Zoning Map; and
Whereas, after filing a petition for writ of mandate and complaint for inverse
condemnation challenging several of the conditions of approval imposed by the City
Council, the Scalzo Family Trust has requested that the City modify conditions of
approval relating to the design of an adjacent drainage course and a required gate at
"B" Street; and
' Whereas, the Environmental Administrator has reviewed the previously approved
Mitigated Negative Declaration and has caused an Addendum to that Mitigated
Negative Declaration to be prepared pursuant to the CEQA Guidelines; and,
Whereas, the proposed modifications to Tentative Tract Map 16146 have not
been deemed to be "substantial' so as to require review by the Planning Commission;
and
Whereas, the City Council conducted a duly noticed public hearing on this
application on April 17, 2007 pursuant to Title 9 Land Use Code, Section 9-2.335, City
Council Policy 5, and Planning Department Policy 510.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby make the following findings:
1. The proposed modifications of the conditions of approval of Tentative Tract Map
16146, with the recommended conditions of approval, are consistent with the
policies and objectives of the San Juan Capistrano General Plan, including the
policies and objectives relating to hillside residential guidelines, preservation of
natural drainage areas, circulation, and recreational trails; and
2. The proposed modifications are not likely to cause substantial environmental
' damage or substantially or unavoidably injure fish or wildlife or their habitat in
that both the original conditions of approval that are not modified and the new
533706.1 Page 1 of 3 04/17/2007
conditions of approval will ensure that impacts to the drainage course adjacent to
the northeastern boundary of the project site will be mitigated below the level of
significance, and residents of the new subdivision will be required to contribute to
the cost of improvements to and future maintenance of the private access road
between Del Obispo Street and "B" Street; and
3. The modifications to the prior conditions of approval are not likely to cause
serious public health problems in that issues related to traffic safety, drainage
and/or wastewater runoff will be mitigated through previously imposed mitigation
measures and conditions of approval which are unchanged, and new conditions
of approval; and
4. The proposed alternative design of the drainage course improvements further the
City's interests in providing adequate flood control measures while providing
maximum protection to both the stability of the adjacent slopes and the natural
riparian habitat; and
5. The location and design of the proposed gates at each of the entrances to the
subdivision ("A", "B" and "C" Streets) satisfy relevant City criteria for gates at
entrances to residential subdivisions; and
6. The requested one-year extension of Tentative Tract Map 16146 is consistent
with the policies and objectives of the San Juan Capistrano General Plan, and
will not result in any substantial environmental damage or risk to the public health
that will not be mitigated by existing unaltered mitigation measures and
conditions of approval and new conditions of approval; and
7. The proposed Memorandum of Understanding between the City of San Juan
Capistrano and the Scalzo Family Trust fairly resolves outstanding disputed legal
actions and claims between the parties.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the
City of San Juan Capistrano hereby: 1) adopts the Addendum to the previously
approved Mitigated Negative Declaration for Tentative Tract Map No. 16146; 2)
approves the proposed modifications to the condition of approval for the gate at "B"
Street to allow emergency and resident access subject to the conditions of approval
attached in Exhibit A; 3) approves the proposed modification of the conditions of
approval relating to the design of the drainage course improvements to authorize a split
system design, with storm water runoff from the Sun Ranch development carried
underground and all other waters otherwise flowing into the drainage course carried
above ground, subject to the conditions of approval attached in Exhibit A; 4) approves a
one-year extension of Tentative Tract Map No. 16146; and 5) approves the
Memorandum of Understanding attached as Exhibit B.
533506.1 Page 2 of 3 04/17/2007
PASSED, APPROVED AND ADOPTED this 17th day
of April 2007.
SAM ALLEVATO, MAYOR
ATTEST:
MONAHAN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 07-04-17-03 was duly adopted by the City
' Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 17'" day of
April 2007, by the following vote:
AYES: COUNCIL MEMBERS: Nielsen, Uso, Hribar and Mayor Allevato
NOES: COUNCIL MEMBER: None
ABSTAIN: COUNCIL MEMBER: Soto
R. MONAHAN, City Clerk
537706.1 Page 3 of 3 - 04/17/2007
EXHIBIT A
' CONDITIONS OF APPROVAL
Modifications to Tentative Tract 16146 — Belladonna Estates
INITIAL APPROVAL DATE: December 20, 2005
INITIAL EFFECTIVE DATE: December 20, 2005
ONE YEAR EXTENSION GRATED: April 17, 2007
EXPIRATION DATE: December 20, 2008
Except as otherwise expressly provided below, all of the conditions of approval adopted
by Resolution No. 05-12-20-02, by which the City Council approved the Mitigated
Negative Declaration and Tentative Tract Map No. 16146, shall remain in full force and
effect and shall be binding on the applicant to the same extent as if set forth in full
herein. As used in these conditions, and prior conditions of approval, the term
"applicant" shall also mean the owner of the property subject to this approval, the
developer, and any successor(s) in interest to the terms of this approval.
Conditions:
1. _ Condition No. 17 of Resolution No. 05-12-20-02 is amended to provide for
approval of a grading permit by the City Engineer without the necessity for
review by the Design Review Committee. Condition 17(e) is hereby
' deleted. In all other respects, Condition 17 of Resolution No. 05-12-20-02
shall remain in full force and effect.
2. _ Prior to issuance of a grading permit, the applicant shall retain a licensed
civil engineer from a list provided by the City to prepare the final design
plans for the drainage course improvements. In conjunction with the
preparation of the final design plans, the selected consultant shall prepare
a hydrology study analyzing the effect of a 100 -year storm event on the
drainage course assuming the split drainage system is in place. The final
drainage plan shall incorporate design features to mitigate any water in
the watercourse which reaches a volume or velocity capable of causing
any damage in or around the drainage course. In addition, the final design
plans shall ensure that the maximum amount of daily water flows remain
on the surface of the drainage course. The final design plans shall
maximize the sustainability of a natural, healthy riparian habitat. The final
design plans shall also provide a hammerhead turn around area of a
minimum 30 feet in length and 12 feet in width for the required
maintenance access.
3. _ Condition No. 51 of Resolution No. 05-12-20-02 is amended to eliminate
the requirement that the Drainage Improvement Plans submitted to the
City Engineer prior to final map approval reflect consistency with the
Hydrology Study and Hydraulic Analysis for Sun Ranch Creek prepared by
MV Consulting Engineers, Inc. dated November 2005. Instead, the
Page 1 of 4 EXHIBIT "A"
533706.1
Drainage Improvement Plans shall reflect consistency with the final design
plans for the drainage course improvements approved by the City
Engineer. Subdivisions (a) and (b) of Condition 51 are deleted. In all
other respects, Condition 51 of Resolution No. 05-12-20-02 shall remain in
full force and effect.
4. Any consultant and/or engineer retained by the applicant to perform any
work in connection with in or in the direct vicinity of the drainage course on
the northeastern boundary of the subdivision shall be required to maintain
an insurance policy in a minimum amount of $5 million, which policy shall
name the City as an additional insured. All such consultants and/or
contractors shall be contractually obligated to defend, indemnify and hold
harmless the City and its officers, agents, representatives and employees
from and against any and all claims arising out of any acts or omissions of
said consultant(s) and/or contractor(s) relating to the subdivision and/or
the drainage course.
5. _ Condition 66 of Resolution No. 05-12-20-02 ("Dedications on the Final
Map") is hereby deleted. Prior to final map approval, the applicant shall
dedicate on the final map, at no cost to the City and to the satisfaction of
the City Engineer, all required improvements, access rights, and
easements, stating their purposes and their maintenance responsibilities.
With respect to the drainage course located at the northeastern boundary
of the subdivision property, the applicant shall do the following: Dedicate a
drainage easement along the northeasterly tract boundary extending
along the northeasterly boundaries of Lots 1 through 17 as numbered on
the Tentative Tract Map. The width of said easement shall be two feet,
but may be larger as necessary to accommodate the construction of the
improvements in the approved final design plan for the drainage course,
including a minimum ten foot wide maintenance road.
6. _ Unless otherwise directed in writing by the City Engineer, any retaining
wall built by the applicant within ten feet of the northeasterly boundary of
the subdivision shall be constructed in a stepped manner with no more
than one-half the wall height built in any one location and a minimum three
foot set back between wall sections.
7. _ Condition 86 of Resolution No. 05-12-20-06 is hereby deleted, and shall
be replaced by the following: Prior to issuance of the first building permit
for Lots 23, 24, 25 or 26, or prior to the sale of the first lot other than Lots
23, 24, 25 or 26 in the 31 -lot subdivision, and in addition to the obligations
imposed on this property (which is specified in the existing License
Agreement between the City of San Juan Capistrano and the Scalzo
Family Trust, recoded as Document No. 20000356142 with the County
Recorder) the applicant shall complete the widening and improvement of
the existing adjacent southwesterly access road, from Del Obispo Street
Page 2 of 4 EXHIBIT "A"
533706.1
to proposed "B" Street in accordance with the City approved plans. Prior
to the completion of said widening and improvement, the applicant shall
provide evidence satisfactory to the City Engineer that each of the 31 lots
in the subdivision have been included in the Neighborhood Road
Association established to pay the cost of the improvements to and future
maintenance of the access road. The CC&R's for the subdivision shall
require that the Homeowners Association be responsible for assessing,
collecting and transmitting to the Neighborhood Road Association the
funds necessary to satisfy the obligations of the subdivision residents to
the Neighborhood Road Association. The inclusion of each lot in the
subdivision within the Neighborhood Road Association shall be recorded
against said property with the County Recorder. It is the intent of this
condition that each of the properties in the subdivision be perpetually
responsible for a proportionate share of the existing adjacent
southwesterly access road from Del Obispo Street to "B" Street.
8. Condition 120 of Resolution No. 05-12-20-02 is hereby amended to read
as follows: As an ongoing condition of approval, vehicular access to "B"
Street shall be gated and shall be used for emergency and resident
access only. The gate shall be constructed no closer than 36 feet beyond
the curb line of the adjacent access road. The applicant may also
construct a gate at "C" Street and "A" Street. If the gate at "C" Street is
' located closer than 35 feet from the curb line of the adjacent access road,
the gate shall be designed so that it is always open between the hours of
7:00 a.m. and 7:00 p.m. The gate at "A" Street shall be constructed in
accordance with design plans approved by the Planning Director.
9. Condition 20 of Resolution No. 05-12-20-2 is amended to delete the
phrase "in compliance with the Hydrology Study and Hydraulic Analysis for
Sun Ranch Creek prepared for the City by MV Consulting Engineers, Inc,
dated November, 2005,".
10. The approval of the extension of Tentative Tract Map 16146 shall not
become effective unless and until the settlement contemplated in the
Memorandum of Understanding becomes final.
Date of Approval:
Resolution No.
Effective Date:
April 17, 2007
07-04-17-03
April 17, 2007
I(Applicant's signature on next page)
Page 3 of 4 EXHIBIT "A"
5?3706.1
Applicant Acceptance of Conditions of Approval:
Signature
0
Applicant Name
533706.1
Date
Page 4 of 4 EXHIBIT "A"
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is entered into by and between the Martin
E. and Marion E. Scalzo Family Trust (the 'Trust") and the City of San Juan Capistrano
(the "City"). The Trust and the City are collectively referred to as the Parties.
1) The Parties are currently engaged in litigation regarding the conditions of
approval imposed on a subdivision application filed by the Trust. The Parties wish to
explore a possible mechanism for resolving both the pending litigation and other related
claims.
2) Toward that end, the Trust has submitted to the City a revised conceptual design
plan for improvements to portions of the Trust subdivision and the City -owned drainage
easement adjacent thereto. The conceptual design is based on a split drainage system,
with storm water runoff from the Sun Ranch and neighboring developments carried in
an underground pipe of an approximate size of 48 inches and natural and nuisance
water (including rain water, spring water, anticipated future water from the upstream
City reservoir, and irrigation runoff from the immediately adjacent slopes) conveyed on
the surface. The conceptual design is intended by the Trust, to the greatest extent
possible, to incorporate the articulated concerns of both the Trust and the City. Where
the word 'Trust' appears herein, it shall also mean and include any successors or
' assigns of the Trust.
3) The Trust has also submitted to the City a conceptual plan for gating the
entrances to the Trust subdivision. Under the conceptual plan, access to the
subdivision from "A" Street, "B" Street and "C" Street will be controlled by gates. Only
residents and emergency vehicles would be allowed access through the gate at "B"
Street. Visitors and deliveries would be required to access the subdivision via "A" and
"C" Streets.
4) The conceptual designs for the drainage channel improvements and proposed
access gates will be presented to the City Council for consideration at a noticed public
hearing on April 17, 2007. City Staff will recommend that the City Council approve the
following:
a) A modification of the conditions of approval requiring a gate at "B" Street
to allow resident and emergency vehicle access through the gate and
approval of a gate at or near the "A" Street and "C" Street entrances to the
subdivision. City Staff will recommend approval of the modification
requested by the Trust provided that plans for the Gates on "B" and "C"
Streets are modified to show a minimum 35 foot distance between the
gates and the curb face of the adjacent road. It the Trust desires to locate
the gate on "C" Street less than 35 feet from the curb face of the adjacent
' road, the Gate shall be designed so that remains open between the hours
of 7:00 a.m. and 7:00 p.m.
Page 1 of 6 EXHIBIT B
533837.1
b) A modification of the design of the drainage channel improvements to
accommodate a split drainage design.
c) The Trust will retain a consultant to design the final improvements for the
drainage channel from a list of qualified consultants provided by the City.
The retained design consultant shall prepare a hydrology study examining
the effect of a 100 year storm event on the drainage channel with the
contemplated improvements. The final design, which all of the parties
expect to contain modifications from the preliminary plan submitted by the
Trust, shall be subject to the review and approval of the City Engineer,
which approval shall not be unreasonably withheld. After obtaining at
least three bids showing the estimated cost of the improvements to the
drainage channel independent of the grading of the subdivision, the Trust
shall retain a contractor to perform grading and construction related work
in connection with the drainage channel improvements, including final
landscaping. The contractor shall be licensed by the State of California,
and subject to the reasonable approval of the City. Each design
consultant and/or contractor retained by the Trust to perform any work
relating to the drainage channel improvements shall be required to defend
and indemnify the City from any and all claims arising put of said work,
shall be required to provide evidence of insurance in the amount of five
million dollars, and shall name the City and the Trust as additional
insureds on said policy/policies of insurance.
d) The City will contribute One Million Two Hundred Fifty Thousand Dollars
($1,250,000.00) toward the cost of the work required to design and
construct the drainage channel improvements, including final landscaping.
The Trust will bear the cost of any work exceeding the City's contribution.
The City will disburse to the Trust the following portions of its contributive
share as follows: twenty five percent upon issuance of a grading permit,
twenty five percent upon commencement of substantial work in the
drainage channel, twenty five percent upon completion of all demolition
work in the drainage channel (defined as removal of all dirt and other
unsuitable materials from the channel, whether permanently or
temporarily), and twenty five percent upon acceptance or approval of the
improvements by the City, which approval shall not be unreasonable
withheld.
e) That upon acceptance and/or dedication of any improvements designed
for and/or constructed by or on behalf of the Trust in the drainage channel,
the City shall assume all future operations and maintenance of the
drainage channel.
f) The City will fully cooperate with the Trust to provide any and all
necessary or requested support, including but not limited to approvals and
Page 2 of s EXHIBIT B
533837.1
execution of all necessary documents (including any required
' encroachment permits or permissions) to allow the Trust to seek
approvals from all other governmental entities (such as Department of
Fish & Game and Army Corp of Engineers) to perform said improvements
in the drainage channel and on the Trust property or to modify or alter
such requirements. In the event that any resource agency imposes
additional terms or conditions relative to mitigation, it is understood that
the Trust shall bear and be responsible for mitigation relating to the
location of: 1) the maintenance road; and 2) all areas located on the Trust
property (i.e., outside the boundaries of the drainage easement dedicated
to the City in connection with the Sun Ranch development), including the
location of the retaining wall on the Trust property. The City shall bear
and be responsible for any other mitigation measures relating to the area
within the previously dedicated drainage easement or appurtenant thereto.
g) The City will also clarify all conditions of approval related to the Trust
relinquishing or dedicating any water rights to the City. Any
relinquishment of water rights related to the subdivision shall not prevent
or restrict the Trust from utilizing the water well, water or rights with
respect to those portions of the well and water derived there from which
are unaffected by said restriction.
' 5) The Parties acknowledge that the City Council may not prejudge the issues to be
considered or commit ahead of time to any particular action. The decisions of the City
Council must be based on the evidence presented at the noticed public hearing. The
terms and conditions set forth in this MOU are being offered subject to their approval by
the City Council at its meeting on April 17, 2007, or such continued hearing date agreed
to by the Trust. In the event that such approval is not obtained, the parties are released
from any all liability and obligations imposed, created, or intended to be created by this
MOU. In the event that the City Council does not approve the modifications to the
Tentative Tract Map discussed herein at the April 17, 2007 meeting, or such continued
hearing date agreed to by the trust, the parties shall have the option of returning to their
former positions as if this agreement had never been made.
6) The Parties agree that no alleged breach of any of the provisions in this MOU
shall give rise to a legal or equitable claim against the party alleged to be in breach in a
court of law or equity. In the event of a dispute regarding this MOU, including but not
limited to a dispute regarding the interpretation of the MOU, the application of the MOU,
or the rights or obligations alleged to be created by this MOU, the Parties shall submit
said dispute to the Honorable Michael G. Nott at Judicate West. In addition to the
foregoing, in the event that an unforeseen material or economically infeasible condition
or issue arises, the City and/or the Trust shall have the option of submitting the matter
to Justice Nott for a binding determination as to whether said condition or issue
constitutes sufficient grounds to relieve the parties of their rights and obligations under
' this MOU. If Justice Nott concludes that the parties should be returned to the positions
they occupied prior to the approval of this MOU, he shall take the actions set forth in
Page 3 of 6 EXHIBIT B
533837.1
Paragraph 7, below. The parties will cooperate in promptly submitting any dispute for
resolution, and shall, within a period of time reasonable under the circumstances,
provide written notice of any intent to submit an issue to Justice Nott. If Justice Nott
retires or is otherwise unavailable, the parties will agree to submit the dispute to another
retired Judge or Justice affiliated with Judicate West. In the event that the parties
cannot promptly agree to a replacement arbitrator, the parties agree that Judicate West
shall appoint a replacement arbitrator from its panel of jurists within ten days.
7) The Trust desires to undertake grading operations on its property this calendar
year before the rainy season begins. Except as otherwise provided in Paragraph 6,
above, it is the intent of the parties that if the process contemplated in this MOU does
not result in an outcome that allows the Trust to grade this calendar year, the parties
shall have the option of returning to the positions they occupied on the day prior to the
approval of this MOU. Toward that end, the parties shall do the following: Within fifteen
business days after the City Council's approval of this MOU including those provisions
set forth in Paragraph 4 in the form requested by the Trust, or a modification thereof
approved by the Trust at the public hearing, the parties shall do as follows:
a) Each party shall provide an executed release agreement to Justice Nott.
In the release agreement, the City shall agree to defend, indemnify and
hold the Trust harmless from and against any claims arising out of or
related to the work undertaken by or on behalf of the Trust in the drainage
channel, and future operation and/or maintenance of the drainage channel —"
by the City. The City shall not be required to defend, indemnify and/or hold
the Trust harmless from or against any claims found, in whole or in part, to
be the result of intentional misconduct or gross negligence of the Trust.
Nor shall the duty to defend, indemnify and hold harmless extend to any
consultants and/or contractors retained by or on behalf of the Trust. The
release agreement shall contain mutual general releases between the
Trust and the City, including all officers, agents, representatives,
employees, and successors of each. The mutual releases shall include all
claims relating to the subject property including, but not be limited to the
claims asserted in or related to the lawsuit entitled Martin E. And Marion
E. Scalzo Family Trust v. City of San Juan Capistrano, et. al., Orange
County Superior Court Case No. 06CC04179, and the three government
tort claims filed with the City in May, 2006 and March 2007 by Fredrick T.
Scalzo and Donna Ostermiller as Co -Trustees of the Martin E. and Marion
E. Scalzo Family Trust. The release agreement shall only become
effective, and the parties each provided a copy of the fully executed
release agreement, if the conditions precedent to the dismissal of the
pending are satisfied.
b) The Co -Trustees of the Trust shall submit to Justice Nott a fully executed
Request for Dismissal of the pending lawsuit with prejudice. —
Page 4 of 6 EXHIBIT B
533837.1
c) The Co -Trustees of the Trust shall provide to Justice Nott a fully executed
' and notarized Notice of Abandonment of the project approvals
contemplated in this MOU in a format suitable for recordation with the
County Recorder. The Notice of Abandonment shall cover only those
approvals granted by the City Council at a public hearing held to consider
the matters set forth in this MOU.
Justice Nott shall hold all of the foregoing documents until the following terms and
conditions have been met. Once the approval has been obtained from the City Council,
the Trust shall undertake and timely submit the required plans to the City for approval
related to TTM 16146, including but not limited to: (a) grading plan, (b) final vesting tract
map, (c) the final design and construction plans for the improvements of the drainage
channel including (d) the requested 100 year storm hydrology study. The City shall
undertake to expeditiously process and provide final approvals to the Trust of all plans
submitted to it within 15 working days from submission. The City shall respond to any
resubmittals of plans or applications within 10 working days of their resubmission.
Within five business days after notification that all of the plans are acceptable and have
been finally approved by the City, Justice Nott shall file the Dismissal with the Court or
provide it to the City Attorney for filing. Justice Nott shall also provide each party with a
fully executed copy of the release agreement, and the release agreement shall become
operative. At the same time, Justice Nott shall destroy of Notice of Abandonment.
Except as otherwise provided in Paragraph 6, above, in the event that the final plans
' are not approved by the City, or are withdrawn by the Trust, Justice Nott shall deliver
the Notice of Abandonment to the City Attorney for recordation against the Trust
property, and shall destroy the Request for Dismissal and both copies of the release
agreement.
8) If the City Council does not approved the matters set forth in Paragraph 4 in the
form presented to the City Council or in a modified form accepted by the Trust at the
public hearing, the Trust is under no obligation to provide the release contemplated in
this MOU.
9) Upon approval of this MOU, City Staff shall fully cooperate in requiring the
removal of any and all encroachments that have been placed in or which adversely
affect or impact any public easements within the drainage channel that are part of the
plans of the work to be undertaken by the Trust. Any encroachments remaining in the
affected easements at the time of commencement of the grading in the drainage
channel shall be removed by the contractor retained by the Trust to perform said
grading. In the event that any additional expense or cost is incurred relative to the
removal of any of the encroachments beyond those efforts which may be necessary to
remove debris or vegetation on the surface of the channel, the Trust shall have the right
to seek reimbursement either directly or through the City from those persons who
caused the Trust to incur such additional expenses.
10) In the meantime, the Parties will jointly request a continuance of all pending court
hearing dates and briefing schedules to accommodate the above process.
Page 5 of 6 EXHIBIT B
533837.1
Dated: April _, 2007
Approved as to form:
Marc Goldstein,
co -counsel for Plaintiffs
By:
Charles Krolikowski,
co -counsel for Plaintiffs
The Martin E. and Marion E. Scalzo Family Trust
Fredrick T. Scalzo, Co -Trustee
Dated: April _, 2007 City of San Juan Capistrano
Sam Allevato, Mayor
ATTEST:
Margaret R. Monahan, City Clerk
Approved as to form:
By:
M. Lois Bobak,
counsel for Defendants
Page 6 of 6
533837.1
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